HERMAN SMITH PLAINTIFF v. ROBERT MARSH CO INC CORPORATION AND ROBERT MARSH DEFENDANTS AND APPELLANTS BURRILL AS TRUSTEE OF THE ESTATE OF THE UNITED FINANCE COMPANY CORPORATION BANKRUPT INTERVENER AND RESPONDENT

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District Court of Appeal, Second District, Division 2, California.

HERMAN C. SMITH, PLAINTIFF, v. ROBERT MARSH & CO., INC. (A CORPORATION), AND ROBERT MARSH, DEFENDANTS AND APPELLANTS; A. W. BURRILL, AS TRUSTEE OF THE ESTATE OF THE UNITED FINANCE COMPANY (A CORPORATION), BANKRUPT, INTERVENER AND RESPONDENT.

Civ. 9234.

Decided: April 18, 1934

Harmel L. Pratt, of Los Angeles, for appellants. West & Andrews, of San Francisco, and Reuben G. Hunt and Fred N. Arnoldy, both of Los Angeles, for respondent.

The same questions presented in this appeal are involved in the case of A. W. Burrill, as Trustee of the Estate of the United Finance Company, a Corporation, v. Robert Marsh & Co., Inc., a Corporation, and Robert Marsh, 131 Cal. App. –––, 31 P.(2d) 822, this day decided. Inasmuch as counsel are the same in each case, it will serve no useful purpose to set forth in this opinion the considerations and conclusions which are dealt with in detail in the opinion filed in Burrill v. Robert Marsh & Co., Inc., and Robert Marsh. For the same reasons therein set forth, the judgment in this case must be sustained.

Judgment affirmed.

HAHN, Justice pro tem.

We concur: STEPHENS, P. J.; CRAIG, J.